Sandeep Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15207 of 2020 Arising Out of PS. Case No.-515 Year-2019 Thana- MAHUA District- Vaishali ====================================================== Sandeep Kumar Son of Devmangal Sahni @ Devmangal Mahto Resident of Village-Kowa Pakri @ Kowa Mahammadpur, P.S.-Lalganj, District-Vaishali. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anish Kumar, Advocate For the Opposite Party/s :

Mr.Satyendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 08-06-2020 Heard learned counsel for the petitioner and learned APP for the State through video conferencing.

The petitioner who is in custody since 6.9.2019 has filed the instant application for grant of regular bail in connection with Mahua P.S. Case no. 515 2019 registered under section 414 of the Indian Penal Code and section 139 of the Bihar Electricity Act, 2003.

As per allegation in the FIR, while the informant was on patrolling duty, seeing the police personnel the accused persons started to flee but 13 of them including the petitioner were caught. It is stated that 36 bundle of 135 feet long electric wire each was recovered.

It is submitted by learned counsel for the petitioner that the allegation as levelled in the FIR are false and concocted and he along with others were arrested merely on suspicion. It is submitted that the case of the petitioner stands on a similar footing to that of three other accused persons namely Rakesh Paswan, Atul Kumar and Dilip Paswan who have been enlarged

Patna High Court CR. MISC. No.15207 of 2020(3) dt.08-06-2020 2/2 on bail vide order dated 18.12.2019 passed in Cr. Misc. no. 84032 of 2019. The petitioner has no criminal antecedent and is in custody since 6.9.2019.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case including the grant of bail to the co-accused and the petitioner being in custody since 6.9.2019, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Mahua P.S. Case no. 515 of 2019 on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Vaishali at Hajipur. (Partha Sarthy, J) Prakash/- U